my wife hid her diabetic problems (on my request for health check, she said she did her tests and she is absolutely fine) before the marriage. the supreme court recently had categorically held that a husband can’t take a divorce based on diabetes or hypertension as the same is manageable and treatable.
hence this argument shall not stand in the court of law. section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage by a decree of divorce on the ground that the other party- i. has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or b. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or iii. explanation.- in this clause,- a. the expression” mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; b. the expression” psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or vii.
it said the failure on the wife’s part to disclose her mental disorder before her wedding constituted a fraud on the husband. a bench of justices vipin sanghi and jasmeet singh, while dealing with an appeal filed by the husband challenging a family court order rejecting his plea to abolish the marriage, said while it was true that the medical opinion in the case was not conclusive, the evidence of the doctors coupled with the medical documents suggested that wife was suffering from schizophrenia. “the failure on the part of the respondent (wife) to disclose her mental disorder before her marriage with the appellant (husband) as alleged by him, constituted a fraud perpetrated upon him,” it added.
it said the refusal by the wife to undergo medical examination by the medical board of experts lead to the inference that she was not prepared to face the board as that it could have exposed the condition of her mental well being and would have established the allegation made by the husband that she was suffering from schizophrenia. the husband had contended that the marriage was the outcome of a calculated fraud that was perpetrated by the wife and her family members as they chose not to disclose a vital and crucial fact regarding her mental health. he stated that the wife behaved in a very unusual manner after her marriage in the matrimonial home, as well as during their honeymoon while seeking annulment of the marriage. the court said that marriage is not made of only happy memories and good times, and two people in a marriage have to face challenges and weather the storm together.
bad idea!the foundation of a marriage has to be on truth and trust. if you hide important information such as health conditions it will lead to a feeling of no, this is not a good ground for a divorce under section 12(1)(c). the supreme court recently had categorically held that a husband can’t take a divorce the delhi high court recently annulled the marriage between a couple after 16 years. it said the failure on the wife’s part to disclose her, hiding illness from partner, hiding illness from partner, marrying someone with health problems, hiding epilepsy before marriage, are arranged marriages more successful.
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